Workers compensation is a sum of money that is used to compensate someone for time missed from work, usually due to an injury or some other accident that occurred while the person was working. Note that this is totally separate from lawsuits for damages and workers compensation is limited to the amount a person should normally be earning anyway if they had worked without interruption.
How is workers compensation handled by the state?
The Florida Department of Financial Services and the state’s Chief Financial Officer provide an extensive amount of information related to workers compensation claims. This is a complex process of coordination between insurance companies, employers and their workplaces, employees, and healthcare services. The state regulates this process to help ensure compliance and minimize instances of employers or insurers getting away with avoiding claims or any other kinds of misconduct in the Miami area.
What benefits are available?
The state divides the type of compensation that is paid out into three separate categories. These include medical benefits, lost wages, and death benefits for fatal accidents. Most injuries will involve some kind of medical expenses and missed time from work.
How does someone start the process to report an injury?
After any kind of work related injury or sickness, the employee must provide notice to their superiors within thirty days. If more than thirty days lapse, the claim will probably be denied and there is usually not much that can be done after the deadline. Most employers should have their own information available about their workers insurance coverage that will help them pay out claims. If this is not available, the state provides an ombudsman who can provide this info to all interested parties. It may be necessary to report your incident to the insurance company directly depending on the procedures within your workplace.
Most businesses that have at least 4 employees are required by law to carry workers compensation insurance, where some industries such as construction must always carry this insurance regardless of the size of their business.
Do I need to retain an attorney?
Attorneys can be important to make sure everything is done properly. Many employers will try to avoid paying out these claims even when required by law. Insurance companies are another problem, because they want to minimize their losses by paying out as little as possible when someone requests a payment. There are also strict time limits and other requirements to file claims. An error as simple as missing a deadline or not filing the correct paperwork can eliminate your ability to collect any money.
As this brief summary of workers compensation law demonstrates, there are many intricacies to be aware of when trying to make a claim. Without becoming a workers compensation expert yourself, hiring an experienced attorney is the only realistic option to help you with all of these potential issues.
Speak to an attorney about getting workers compensation today
There are local law firms in South Florida that can help with filing a workers compensation claim and any related issues. Orlando R. Murillo routinely helps people with receiving compensation for work related injuries in Miami.